Customer Support: 800-526-4902
 
Home > Legal Library > Article




Join Matindale-Hubbell Connected


Debt Ceiling Update Memo




by:
B. Jeffrey Brooks
Adams and Reese LLP - Washington Office

 
August 9, 2011

Previously published on August 2, 2011

At noon today, the Senate passed the “Budget Control Act of 2011” (S 365).  Passed in the House by a vote of 269-161, Republicans voted 174-66 while Democrats were divided 95-95.  The debt limit plan cleared the Senate by a vote of 74-26, and President Obama has signed it into law. 

The debt limit agreement includes both previously suggested concepts as well as new ideas, primarily an enforcement mechanism added to drive lawmakers to enact budget cuts by the end of the year.  In the “Budget Control Act of 2011,” the current $14.3 trillion debt ceiling on federal borrowing would be increased by $2.1-$2.4 trillion.  The increase would come in two phases: the debt limit would be immediately increased by $900 billion, while a second increase of $1.2-$1.5 trillion would be available by early next year.  The size of the second increase would be determined by a new, Congressional joint committee to curtail debt growth.  If Congress enacts $1.5 trillion in savings for fiscal years 2012-2021, the debt limit would be increased by $1.5 trillion next year.  Conversely, if savings enacted for fiscal years 2012-2021 are less that $1.5 trillion, the debt limit increase would be $1.2 trillion. 

Spending cuts will provide an immediate reduction in the deficit.  This will be achieved by placing statutory caps on discretionary appropriations for the fiscal years 2012-2021.  The savings would amount to $935 billion or $756 billion, depending on different estimates provided by the Congressional Budget Office.  For 2012 and 2013, caps for security and non-security accounts would be segregated, meaning that domestic programs would not be could not be accessed to provide more security spending.  However, for 2014-2021, the caps for security and non-security spending would not be separated.  If members of Congress do not adhere to the aforementioned discretionary spending caps, automatic spending cuts will take effect once the Congress adjourns for the year.  

Additionally, the “Budget Control Act of 2011” (S 365), requires both the House and the Senate to vote on a proposed balanced-budget amendment to the Constitution by the end of the year.  If both chambers of Congress adopt this amendment and it is ratified by the states, the second debt limit increase would automatically be $1.5 trillion.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

View More Library Documents By...

 
Practice Area
 
Finance
Government
 
Adams and Reese LLP Overview


 

Practice Area Resource Centers
Visit our Practice Area Resource Centers to view practice area specific content compiled from a variety of legal sources. Find related articles, podcasts, industry leader insights and much more. We currently offer the following Practice Areas:Litigation;Intellectual Property;Real Estate;Corporate Law;Criminal Law;Bankruptcy;Immigration;Business Law;Insurance;Taxation;Labor & Employment;Commercial Law;Medical Malpractice;Trusts & Estates;Securities;International Law ;Health Care;Environmental Law;Construction Law;Workers' Compensation